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Motion For Temporary Restraining Order
Motion For Temporary Restraining Order
Clerk
Clark Circuit Court 1 Clark County, Indiana
Plaintiff,
v.
Defendants.
by counsel, respectfully moves this Court, pursuant to Rule 65 of the Indiana Rules
of Trial Procedure, Ind. Code § 34-25-2-1, and Ind. Code § 34-26-1-6, to issue a
successors, and assigns to first temporarily restrain and then preliminary enjoin
over, or otherwise disposing in any manner or by any means the assets described
1. Pursuant to a referral from the Indiana State Police (“ISP”) and pursuant to
its examination authority under Indiana Code § 5-11-1-9, the State Board of
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records of the Clark County Sheriff’s Department Jail Commissary Fund, for
2. The results of the examination are set forth in SBOA Special Investigation
3. The Audit Report was placed by the State Examiner with the Attorney
the part of Jamey Noel, who was a public official, public employee and/or
other proper person, pursuant to Ind. Code § 5-11-5-1(a), and SBOA charged
him accordingly.
well as the use of state employees for work on Jamey Noel’s personal
with the events examined in the Audit Report, and currently faces criminal
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Evasion. In total, he faces 25 felony charges. Charges were filed in November
in such report, or upon the officer's or employee's official bond, or both, and
against any other proper person that will secure to the State the recovery of
11-5-1(a)(2).
others.1
1The Plaintiff simultaneously filed a Complaint to Recover Public Funds against Jamey Noel (and
other charged individuals) in connection with SBOA Special Investigation Report 84474I. against
Jamey Noel, Misty Noel, and Kasey Noel in that matter.
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11. As laid out in Exhibit C, Plaintiff has reason to believe that Jamey Noel,
12. Jamey Noel and his wife, Misty Noel (“Misty”), sold the property they both
(sales disclosure form). Another property owned by Jamey Noel and his wife
13. The 722 E. Court Avenue home was not on the public market for any period
of time, see Exhibit C at 9, and was sold only after the above-referenced
criminal charges were filed, and after the publication of the Audit Report,
which charges Jamey Noel with over $900,000 in misappropriated funds. See
Exhibit A at 32.
14. Many titles for Jamey and/or Misty’s vehicles were seized by ISP on or about
August 16, 2023 in connection with the correlated criminal matter. ISP also
seized vehicles. On or about April 16, 2024, duplicate titles were requested
for at least five (5) vehicles which Jamey and/or Misty owned. In fact, to date
a minimum of seventeen (17) duplicate titles have been applied for on behalf
of Jamey Noel from information from the BMV. See Exhibit C at ¶ 12-14.
15. Misty Noel has taken steps to try to sell at least twenty-one (21) vehicles for
sale which she either co-owns with Jamey Noel., or on behalf of Jamey. Some
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of those vehicles include the vehicles for which Misty recently requested
16. Jamey and Misty Noel also own a property in Florida, which is currently
listed for sale, at the specific address of 516 Eagle Creek Drive; Naples, FL
34113. This property was listed after Jamey Noel was criminally charged.
18. The SBOA Audit Report shall be admitted as evidence pursuant to Indiana
copy duly certified by the state examiner shall be taken and received in any
and all court of this state as prima facie evidence of the facts stated ad
19. The sale of the 722 E. Court Avenue property and the attempt to sell 516
Eagle Creek Drive in Florida, as well as the requests for duplicate titles and
active steps to sell certain vehicles, all indicate that Jamey Noel, is
20. Plaintiff now seeks a temporary restraining order and preliminary injunction
over, or otherwise disposing of any property, including but not limited to:
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a. Real property located at 709 Old Salem Road, Jeffersonville, IN 47130,
located therein;
d. Real property located at 516 Eagle Creek Dr, Naples, FL 34113, and
e. Proceeds from the sale of real property located at 722 East Court
f. Any and all non-exempt personal property moved from any of the
i. Any and all stores of cash, stocks, or bonds owned by Jamey, alone or
with others;
others;
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l. Any and all clothing items, including jewelry, owned by Jamey, alone
or with others;
m. Any and all works of art owned by Jamey, alone or with others;
n. Any and all other non-exempt real, personal, and intangible property,
including but not limited to any and all bank and investment accounts
this matter to protect the State’s interests until Plaintiff can pursue recovery
this matter.
22. If Jamey Noel is not restrained and then enjoined from dissipating, selling,
misapplied funds.
A temporary restraining order is necessary to preserve the status quo until the
issues raised by the Plaintiff’s Verified Motion for Preliminary Injunction can be
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1. There is a substantial likelihood that the Plaintiff will prevail on its
Complaint in this action, and the Plaintiff does not have an adequate
remedy at law to protect the interests of the State in the matters raised in
this Motion.
2. Pursuant to T.R. 65(B)(1), the Plaintiff verified this Motion, stating and
showing through evidence that the State will suffer immediate and
dissipate assets and fears any notice would provide time for further
prevail in this action. Pursuant to Ind. Code § 34-25-2-5 and T.R. 65(C),
4. Additionally, under Ind. Code § 34-26-1-6, when it appears either “(1) in the
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the action by affidavit; that a defendant threatens, or is about to remove or
5. In the instant case, the evidence designated herein this Motion and
6. Plaintiff’s claims are for the recovery of money damages. See Complaint at
5-16.
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c. Real property located at 2408 Turnberry Drive Units A &B,
located therein;
e. Any proceeds from the recent sale of 722 East Court Ave;
Jeffersonville, IN 47130;
f. Any and all non-exempt personal property moved from any of the
i. Any and all stores of cash, stocks, or bonds owned by Jamey, alone
or with others;
others;
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n. Any and all other non-exempt real, personal, and intangible
property, including but not limited to any and all bank and
General of Indiana, respectfully requests the Court to: (1) issue an order temporarily
restraining Defendant Jamey Noel, and his agents, representatives, successors, and
over, or otherwise disposing in any manner or by any means the property referenced
above, pending hearing on the Plaintiff’s Verified Motion for Preliminary Injunction,
(2) order a preliminary injunction hearing within ten (10) days, specifically on or
before May 20, 2024, and (3) grant Plaintiff all other just and proper relief.
1Regarding the Preliminary Injunction, the Plaintiff requests that the Court
following factors: “(1) whether the movant’s remedies at law are inadequate;
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the merits; (3) whether the threatened injury of the plaintiff outweighs the
threatened harm the grant of relief would occasion upon the defendant; and
(iv) whether the public interest would be disserved by granting relief.” Ferrell
v. Dunescape Beach Club Condominiums Phase I, Inc., 751 N.E.2d 702, 712
(Ind. Ct. App. 2001) (citing L.E. Services, Inc. v. State Lottery Com’n of Indiana,
balance of hardship in its favor. National Salvage & Service Corp. v. Comm.,
571 N.E.2d 548, 559-560 (Ind. Ct. App. 1991); Rees v. Panhandle Eastern Pipe
Line Co. 377 N.E.2d 640, 649 (Ind. Ct. App. 1978).
Plaintiff’s Complaint and supported by the Audit Report are clearly unlawful
copy duly certified by the state examiner shall be taken and received in any
and all court of this state as prima facie evidence of the facts stated ad
contained in the reports.” Thus, Audit Report 84477I and its findings and
5. In this matter it is clear that the Plaintiff’s remedies at law are inadequate
here because Jamey Noel seeks to dispose of his property before Plaintiff can
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prove its case and execute judgment on Jamey Noel’s non-exempt assets. This
is highlighted by the listing of properties for sale, the actual sale of a property,
coupled with requests to obtain duplicate titles for vehicles (the original titles
1. It is clear that Plaintiff has a balance of hardship in its favor, and that the
relief would occasion upon the defendant.” Ferrell, 751 N.E.2d at 712. Should
the sale of these assets go through, Jamey Noel could effectively prevent
Plaintiff from recovering the funds that have been misappropriated, diverted
and/or misapplied.
2. The Plaintiff has shown, in its Complaint and its attached exhibits, a
represents prima facie evidence of its contents and is enough to weigh this
3. As the preliminary injunction factors fall in its favor, Plaintiff requests that
the following property until Plaintiff’s claims have been adjudicated on the
merits:
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b. Real property located at 3001 Old Tay Bridge, Jeffersonville, IN 47130,
located therein;
e. Any proceeds from the recent sale of 722 East Court Ave;
Jeffersonville, IN 47130;
f. Any and all non-exempt personal property moved from any of the
i. Any and all stores of cash, stocks, or bonds owned by Jamey, alone or
with others;
others;
l. Any and all clothing items, including jewelry, owned by Jamey, alone
or with others;
m. Any and all works of art owned by Jamey, alone or with others;
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n. Any and all other non-exempt real, personal, and intangible property,
including but not limited to any and all bank and investment accounts
4. Because Plaintiff seeks to have public funds recovered that Jamey Noel
interest would not be disserved if the preliminary injunction was granted, but
General of Indiana, respectfully requests the Court to: (1) issue a preliminary
assigning, paying over, or otherwise disposing in any manner or by any means the
Complaint, and (2) grant Plaintiff all other just and proper relief.
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I affirm under the penalties of perjury that the foregoing representations are
Respectfully submitted,
THEODORE E. ROKITA
Indiana Attorney General
Atty. No. 18857-49
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